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Appeal No.521/2021 & 522/2021
Date of filing:
15.07.2021
Date of disposal: 16.09.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 16.09.2022
PRESENT
Mr.K.B SANGANNANAVAR
:
JUDICIAL MEMBER
Mrs. DIVYASHREE M
:
LADY MEMBER
APPEAL NO.521/2021
1) The President,
State Government Employees Housing
Corporation Society Limited,
No.44 and 45, Ground Floor,
Asain Business Centre,
(Behind KBN Hospital),
Kalaburagi – 585102.
2) The Chief Executive Officer,
State Government Employees Housing
Corporation Society Limited,
No.44 and 45, Ground Floor,
Asain Business Centre,
(Behind KBN Hospital),
Kalaburagi – 585102.
(Advocate – Sri.S.S Halalli)
…..Appellant/s
V/s
Sri.Shankarappa Banappa Sajjan Shetty,
Age 78 years,
Occ:Retired Government Officer,
House No.18,
Janatha Housing Colony,
Appeal No.521/2021 & 522/2021
Karuneshwarnagar,
New Jewargi Road,
Kalaburagi – 585310.
(Advocate – Sri.Byregowda N)
…..Respondent/s
APPEAL NO.522/2021
1) The President,
State Government Employees Housing
Corporation Society Limited,
No.44 and 45, Ground Floor,
Asain Business Centre,
(Behind KBN Hospital),
Kalaburagi – 585102.
2) The Chief Executive Officer,
State Government Employees Housing
Corporation Society Limited,
No.44 and 45, Ground Floor,
Asain Business Centre,
(Behind KBN Hospital),
Kalaburagi – 585102.
(Advocate – Sri.S.S Halalli)
…..Appellant/s
V/s
Shashikala,
D/o Narasreddy,
Age 42 years,
Occ: Assistant Teacher,
R/o Plot No.36/8, Biddapur Colony,
Kalaburagi – 585103.
(Advocate – Sri.Byregowda N)
…..Respondent/s
Appeal No.521/2021 & 522/2021
COMMON ORDER
Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER
These Appeals are filed U/s.15 of C.P Act, 1986 by OP-1 & 2
in CC No.158/2019 and 175/2019 on the file of District Consumer
Disputes Redressal Commission, Kalaburagi, aggrieved by the order
dated 21st April 2021.
2. The Commission examined the grounds of Appeal,
impugned order and heard learned counsel on record for the
Appeals.
3. Learned counsel for Appellants submit, complaints filed are
beyond the period of limitation and such complaints were been
entertained, even without condoning delay and submits Consumer
Commission shall have no jurisdiction to entertain the dispute
between members of co-operative societies and the society. Further
submits, the alleged legal notice dated 16.08.2019, alone will not
extend limitation against his own admission, as a decision was
taken to allot a new site in General Body held on 25.09.2016 which
was date of cause of action and not the date of legal notice was not
considered by Forum below.
4. In Appeal No.521/2021 site No.25 has been got registered
in favour of the complainant under registered sale deed dated
21.11.2012 and in Appeal No.522/2021 site No.26 has been got
Appeal No.521/2021 & 522/2021
registered in favour of the complainant under registered sale deed
dated 05.12.2015. Accordingly the respective complainants have
been paying property tax to the concerned Panchayat is sufficient
to make it clear that there was no high tension line passing
through the said land at that point of time. It is only on the receipt
of letter by KPTCL dated 24.02.2016, Appellant society came to
know that the high tension line is passing through survey No.85/1
& 85/2.
5. Let us examine the impugned order, wherein could see the
respective complainants in their complaints have sought for
issuance of direction to Appellant No.1 & 2 to allot plot and
register a new plot measuring 40’x60’ at the old price which has
already been paid and to direct OPs/Appellants to refund
Rs.5,26,200/- along with interest @ 18% p.a and to compensate for
appreciation of the present market value of the plot as per
Rs.3,500/- per square feet and sought award of compensation of
Rs.1 lakh. They have also sought for other ancillary reliefs against
OPs.1 & 2 for rendering deficiency of ser
